The applicant was injured in a motor vehicle accident while at work and elected to receive workers' compensation benefits.
After the Workers' Compensation Board terminated his benefits, he applied for statutory accident benefits from his motor vehicle insurer.
The insurer denied the claim on the basis that he had already elected and received WCB benefits.
The Arbitrator held that section 76 of the Statutory Accident Benefits Schedule precludes an insured person from receiving accident benefits if they have elected to receive WCB benefits, and they cannot re-elect accident benefits after exhausting their WCB claim.
